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Law digests: 22 November 2024

22 November 2024
Issue: 8095 / Categories: Case law , In Court , Law digest
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Criminal law

R (on the application of Michael John Harvey) v Luton and South Bedfordshire Magistrates Court [2024] EWHC 2832 (Admin)

The Magistrates’ Court has a duty under Rule 3(7) of the Magistrates’ Courts (Freezing and Forfeiture of Money in Bank and Building Society Accounts) Rules 2017 to serve a copy of any order made on an application under section 303Z1 of the Proceeds of Crime Act 2002 on the person whose account is the subject of the application and the relevant financial institution. The requirement for public pronouncement of judgments under Art 6 ECHR is satisfied by formally notifying the person affected of the outcome, even if no substantive order is made. The Magistrates’ Court’s refusal to produce an order recording the outcome of the IP’s application on 20 January 2023 was irrational and disproportionate.


Family proceedings

Mrs W v Mr W and others [2024] EWHC 2849 (Fam)

The court made a Parental Order in respect of the child F, transferring legal parenthood from the surrogate (first respondent) to the applicants

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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